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Agreement between User and BenjaminGroff.com

Effective as of October 01, 2023

Welcome to BenjaminGroff.com. The BenjaminGroff.com website (the “Site”) is comprised of various web pages operated by BitCrush.FM, Inc (“BitCrush”). BenjaminGroff.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of BenjaminGroff.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

The website, BenjaminGroff.com offers free articles and blogs on the subjects of (but not limited to) songwriting, music production, music marketing and creative mindset. Additionally, the site hosts landing pages for Benjamin Groff’s songwriting, music marketing and other digital courses which redirect to check out pages on other e-commerce sites, currently hosted at Teachable.com. The website provides access to personal coaching, group coaching and “ask me anything” seminars. Lastly, the website offers an email sign up process, allowing users to get a free book, and additionally to sign up for other information and to be a part of the Benjamin Groff’s and the companies email list (which can be unsubscribed from at any time). Any and all information written or verbally expressed through the website, courses, books or courses shall be offered to the user at their own risk and due diligence.

2. Use at Your Own Risk

All information, whether written or verbally expressed through the Website, courses, books, coaching, or seminars, is provided for educational and informational purposes only. You agree to use this information at your own risk and exercise due diligence when implementing any recommendations or advice provided on the Website.

3. Privacy and Email Subscription

Your use of this Website is also governed by our Privacy Policy, which can be found [here]. By using the Website, you consent to the collection and use of your personal information in accordance with our Privacy Policy. By signing up for the email list or receiving a free book, you agree to receive promotional and informational emails from Benjamin Groff and the company. You can unsubscribe from these emails at any time by following the unsubscribe instructions provided in the emails.

4. Copyright and Intellectual Property

All content on this Website, including articles, blogs, courses, books, and seminars, is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or otherwise use any content from this Website without the express written consent of Benjamin Groff or the respective copyright owner.

5. Limitation of Liability

To the fullest extent permitted by law, Benjamin Groff and BitCrush.FM, Inc. shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use this Website or the information provided on it or through any of its services, including any type of coaching or seminars.

6. Cancellation/Refund Policy

For those users who buy any of the online video courses, we offer a 30-day no questions asked money-back guarantee.

7. Links to Third-Party Sites/Third-Party Services

BenjaminGroff.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BitCrush and BitCrush is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BitCrush is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BitCrush of the site or any association with its operators.
Certain services made available via BenjaminGroff.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the BenjaminGroff.com domain, you hereby acknowledge and consent that BitCrush may share such information and data with any third party with whom BitCrush has a contractual relationship to provide the requested product, service, or functionality on behalf of BenjaminGroff.com users and customers.

8. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use BenjaminGroff.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BitCrush that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BitCrush or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BitCrush content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of BitCrush and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BitCrush or our licensors except as expressly authorized by these Terms.

9. International Users

The Service is controlled, operated, and administered by BitCrush from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BitCrush Content accessed through BenjaminGroff.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

10. Children Under Thirteen

BitCrush does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use BenjaminGroff.com only with permission of a parent or guardian.

11. Indemnification

You agree to indemnify, defend, and hold harmless BitCrush, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. BitCrush reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BitCrush in asserting any available defenses.

12. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BITCRUSH.FM, INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BITCRUSH.FM, INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BITCRUSH.FM, INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BITCRUSH.FM, INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BITCRUSH.FM, INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

BitCrush reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BitCrush as a result of this agreement or use of the Site. BitCrush’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BitCrush’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BitCrush with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BitCrush with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BitCrush with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

BitCrush reserves the right, in its sole discretion, to change the Terms under which BenjaminGroff.com is offered. The most current version of the Terms will supersede all previous versions. BitCrush encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
BitCrush welcomes your questions or comments regarding the Terms:

BitCrush.FM, Inc
3727 W MAGNOLIA BLVD #763
Burbank, California 91505

Email Address:
benjamin@benjamingroff.com

Effective as of October 01, 2023